Analyzer for Carbon, Nitrogen, and Sulfur Contents;
Simultaneously - AAFC, Normandin, Quebec, Canada

Trade Agreement: NAFTA/AIT/Canada FTAs with Peru/Colombia/Panama
Tendering Procedures: Generally only one firm has been invited
to bid
Attachment: None
Non-Competitive Procurement Strategy: Government Objectives
Representing Best Interests/Value to Govt
Comprehensive Land Claim Agreement: No
Vendor Name and Address: 
Leco Instruments Limited
2205 Dunwin Drive
Mississauga Ontario
Canada
L5L1X1
Nature of Requirements: 
1. ADVANCE CONTRACT AWARD NOTICE (ACAN)
An ACAN is a public notice indicating to the supplier community
that a department or agency intends to award a contract for
goods, services or construction to a pre-identified supplier,
thereby allowing other suppliers to signal their interest in
bidding, by submitting a statement of capabilities. If no
supplier submits a statement of capabilities that meets the
requirements set out in the ACAN, on or before the closing date
stated in the ACAN, the contracting officer may then proceed
with the award to the pre-identified supplier. 


2. DEFINITION OF THE REQUIREMENT
Agriculture and Agri-food Canada has a requirement for the
supply and installation of one (1) analyzer for Carbon,
Nitrogen, and Sulfur (CNS) contents with user training for up to
3 users for delivery to Normandin, Quebec. The delivery is
required by 31st March 2015.



3. CRITERIA FOR ASSESSMENT OF THE STATEMENT OF CAPABILITIES
(MINIMUM ESSENTIEL REQUIREMENTS)

Any interested supplier must demonstrate by way of a statement
of capabilities that its product meets the following
requirements:
 
3.1 The required equipment is for an analyzer which is capable
of simultaneous determination of Carbon, Nitrogen and Sulfur
(CNS) contents, from a single sample using independent detectors
for each element. 

3.2 The analyzer must use a combustion - based technique
utilizing independent detectors for each element: thermal
conductivity for nitrogen; and non-dispersive infrared
absorption for carbon and sulfur. 

3.3 The analyzer must have the following minimum range of at
least 0.002 to 200 mg for Carbon, 0.02 to 300 mg for Nitrogen
and 0.02 to 50 mg for Sulfur. The precision range must be as
follows: for Nitrogen 0.01 mg or 0,3% RSD (whichever is
greater); for Carbon and Sulfur 0.01 mg or 0,4% RSD (whichever
is greater). 

3.4 The analyzer must be capable of performing an analysis for
nitrogen/carbon/sulfur within 5 minutes. 

3.5 The analyzer must use large reusable ceramic sample boats
capable of holding up to 3 grams of liquid or solid materials
for sample introduction to the furnace. 

3.6 The analyzer must be equipped with a horizontal ceramic
furnace that is capable of temperature control up to 1450°C to
ensure complete conversion of Sulfur. 

3.7 The analyzer must automatically remove sample ash residues
post analysis, eliminating ash build up within the furnace and
avoiding furnace maintenance and flow restrictions. 

3.8 The analyzer must be compatible with the existing 50
position autoloader.




4. APPLICABILITY OF THE TRADE AGREEMENTS TO THE PROCUREMENT
This procurement is subject to the following trade agreements:
	.1 Agreement on Internal Trade (AIT)
	.2 North American Free Trade Agreement (NAFTA)
	.3 Canada-Chile Free Trade Agreement (CCFTA) 
	.4 Canada-Peru Free Trade Agreement (CPFTA) 



5. JUSTIFICATION FOR THE PRE-IDENTIFIED SUPPLIER
We believe that the only product meeting all required technical
specifications is the TruMac CNS macro determinator from Leco.
For this reason, it is proposed to negotiate this requirement
with the manufacturer Leco Instrument ULC, Mississauga, Ontario.


6. GOVERNMENT CONTRACTS REGULATIONS EXCEPTION
The following exception(s) to the Government Contracts
Regulations is (are) invoked for this procurement under
subsection 6(d) - only one person is capable of performing the
work.


7. EXCLUSIONS AND/OR LIMITED TENDERING REASONS
The following exclusions and/or limited tendering reasons are
invoked under the trade agreements specified:
	.1 Agreement on Internal Trade (AIT)
Article 506: Procedures for Procurement: 12. Where only one
supplier is able to meet the requirements of a procurement, an
entity may use procurement procedures that are different from
those described in paragraphs 1 through 10 in the following
circumstances: 
(b) where there is an absence of competition for technical
reasons and the goods or services can be supplied only by a
particular supplier and no alternative or substitute exists.

	.2 North American Free Trade Agreement (NAFTA)
Part Four: Government Procurement - Chapter Ten Article 1016:
Limited Tendering Procedures: 2. An entity may use limited
tendering procedures in the following circumstances and subject
to the following conditions:  
(b) where there is an absence of competition for technical
reasons, the goods or services can be supplied only by a
particular supplier and no reasonable alternative or substitute
exists.

	.3 Canada-Chile Free Trade Agreement (CCFTA)
Article Kbis-09: Tendering Procedures: 1. Entities may award
contracts by means other than open tendering procedures,
provided that the tendering procedure is not used to avoid
competition or to protect domestic suppliers in the following
circumstances, where applicable:
(b) where, for works of art, or for reasons connected with the
protection of patents, copyrights or other exclusive rights, or
proprietary information or where there is an absence of
competition for technical reasons, the goods or services can be
supplied only by a particular supplier and no reasonable
alternative or substitute exists.

	.4 Canada-Peru Free Trade Agreement (CPFTA)
Article 1409: Limited Tendering: 1. Provided that a procuring
entity does not use this provision to avoid competition among
suppliers, to protect domestic suppliers, or in a manner that
discriminates against suppliers of the other Party, the
procuring entity may contact a supplier or suppliers of its
choice and may choose not to apply Articles 1405, 1406, 1407,
1408 and 1410 in any of the following circumstances:
(b) where the goods or services can be supplied only by a
particular supplier and no reasonable alternative or substitute
goods or services exist for any of the following reasons:
(iii) due to an absence of competition for technical reasons.



8. PERIOD OF THE PROPOSED DELIVERY DATE
The goods must be delivered no later than March 31st, 2015.


9. COST ESTIMATE OF THE PROPOSED CONTRACT
The estimated value of the contract is between $100,000 to
$150,000 applicable taxes in extra.


10. NAME AND ADDRESS OF THE PRE-IDENTIFIED SUPPLIER
Leco Instruments ULC
2205 Dunwin Drive
Mississauga, Ontario, Canada,  L5L 1X1


11. SUPPLIER ' RIGHT TO SUBMIT A STATEMENT OF CAPABILITIES
Suppliers who consider themselves fully qualified and available
to provide the goods, services or construction services
described in the ACAN may submit a statement of capabilities in
writing to the contact person identified in this notice on or
before the closing date of this notice. The statement of
capabilities must clearly demonstrate how the supplier meets the
advertised requirements.


12. CLOSING DATE FOR A SUBMISSION OF A STATEMENT OF CAPABILITIES
The closing date and time for accepting statements of
capabilities is December 8, 2014 at 2:00 p.m. Eastern standard
time (EST).


13. INQUIRIES AND SUBMISSION OF STATEMENTS OF CAPABILITIES
Inquiries and statement of capabilities are to be directed to:
Marial Tremblay 
Supply Specialist 
Public Works and Government Services Canada (PWGSC) 
CFB Bagotville, P.O. Box 380 
Building 62, Room 112 
Alouette, Quebec, G0V 1A0 

Telephone: (418) 677-4000, Ext.: 4159 
Facsimile: (418) 677-3288 
E-mail:  marial.tremblay@pwgsc.gc.ca
Delivery Date: Above-mentioned

You are hereby notified that the government intends to negotiate
with one firm only as identified above. Should you have any
questions concerning this requirement, contact the contracting
officer identified above.

An Advance Contract Award Notice (ACAN) allows departments and
agencies to post a notice, for no less than fifteen (15)
calendar days, indicating to the supplier community that it
intends to award a good, service or construction contract to a
pre-identified contractor. If no other supplier submits, on or
before the closing date, a Statement of Capabilities that meets
the requirements set out in the ACAN, the contracting authority
may then proceed with the award.  However, should a Statement of
Capabilities be found to meet the requirements set out in the
ACAN, then the contracting authority will proceed to a full
tendering process.

Suppliers who consider themselves fully qualified and available
to provide the services/goods described herein, may submit a
statement of capabilities in writing to the contact person
identified in this Notice on or before the closing date of this
Notice. The statement of capabilities must clearly demonstrate
how the supplier meets the advertised requirements.

The PWGSC file number, the contracting officer's name and the
closing date of the ACAN must appear on the outside of the
envelope in block letters or, in the case of a facsimile
transmission, on the covering page.

The Crown retains the right to negotiate with suppliers on any
procurement.

Documents may be submitted in either official language of Canada.